1240.01   DEFINITIONS.
   For the purpose of this Zoning Ordinance, the following terms, whenever used in this Zoning Ordinance shall have the meaning herein indicated:
   (1)   ACCESSORY STRUCTURE OR USE.  A structure or use customarily incidental and subordinate to the principal use of the building located on the same lot or premises as the principal use of the building. “Accessory uses” include, but are not limited to: home occupations, parking and storage of home maintenance equipment.
   (2)   ADMINISTRATIVE OFFICIAL. Such municipal officers or persons as are by lawful procedure appointed or assigned to the enforcement or administration of this Zoning Ordinance.
   (3)   AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided that the operation of such accessory used shall be secondary to that of the normal agricultural activities, and provided that the above uses shall not include the commercial feeding of garbage or offal to swine and other animals. A use shall be classified as agriculture only if agriculture is the principal or main use of the land.
   (4)   ALLEY.  Any public space or thoroughfare which has been dedicated or deeded to the public for travel and which affords a secondary means of access to abutting property.
   (5)   APARTMENT.  A room or suite of rooms in an apartment house, which room or suite is arranged, intended or designed to be occupied as the residence of a single family, individual or group of individuals.
   (6)   APARTMENT HOUSE. A multi-family dwelling for three or more families, living independently of each other and each with separate cooking facilities.
   (7)   AREA, BUILDING. The aggregate of the maximum horizontal cross-section area of the main building on a lot, excluding cornices, eaves, gutters, chimneys projecting outside of buildings, steps, open porches, bay windows, balconies and terraces.
   (8)   ASSISTED LIVING FACILITY. “Assisted living facilities” are residential care facilities that provide housing, meals, personal care and supportive services to persons who are unable to live independently.
   (9)   ASSURANCE OF COMPLETION. A contract secured by a bond in an amount and with surety satisfactory to the Planning Commission, guaranteeing completion of public improvements which are shown on the Subdivision Improvement Plan as the responsibility of the subdivider.
   (10)   AWNING.  A roof-like cover that is temporary or portable in nature, and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and is periodically retracted into the face of the building. Awnings are temporary or portable devices. Once they become permanent, incapable of being retracted, then all setbacks should be measured from the end of the awning.
   (11)   BASEMENT. That portion of a building, floor of which is below the adjoining grade.
   (12)   BED AND BREAKFAST INN.  A structure in which paying guests are lodged on an overnight basis, and may be served breakfast in connection with their lodging. Meals should be served only to guests. The owner or operator of a bed and breakfast inn shall live on the premises.
   (13)   BUFFER.  Open spaces, landscaped area, fences, walls, berms, or any combination thereof, used to physically separate one use or property from another so as to visually shield and/or block noise, lights, or other nuisances.
   (14)   BUILDABLE AREA. The area of a lot remaining, after the minimum yard and open space requirements of the Zoning Ordinance have been met.
   (15)   BUILDING.  Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind.
   (16)   BUILDING, ACCESSORY.  A subordinate building, or portion of a principal building, used for purposes incidental to those of the principal building on the same lot.
   (17)   BUILDING, HEIGHT OF.  The vertical distance from grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hip roof.  See Exhibit VI.
   (18)   BUILDING LINE. A line defining the minimum front, side, and rear yard requirements, outside of which no building or structure can be located.
   (19)   BUILDING, PRINCIPAL.  A building which is constructed as the main or principal use of the lot on which the building is situated.
   (20)   BUILDING SETBACK LINE.  The line indicating the minimum horizontal distance between the street line and buildings or any projection, other than steps, thereof.
   (21)   CERTIFICATE/PERMIT. A document signed by a Zoning Officer, as required by this Zoning Ordinance, as a condition precedent to the commencement of use, or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building, that acknowledges that such use, structure, site, or building complies with the provisions of this Zoning Ordinance or authorized variance therefrom.
   (22)   CHURCH or PLACE OF WORSHIP.  A building or structure, or groups of buildings or structures, intended for conducting organized religious services and accessory uses.
   (23)   CLINIC.  Any building or other structure devoted to the health, medical and dental diagnosis, treatment and care of outpatients.
   (24)   CLUB. A building or portion thereof, or premises owned or operated by a corporation, association, person or persons, for social, literary, political, educational, or recreational purpose, primarily for the exclusive use of members and their guests.
   (25)   COMPREHENSIVE STORM WATER MANAGEMENT. See Chapter 1247.
   (26)   CONDOMINIUMS. A building or group of buildings in which the units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. Property is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
   (27)   CONDOMINIUM ASSOCIATION. The community association which administers and maintains the common property and common elements of a condominium.
   (28)   CONTIGUOUS.
      A.   Sharing an edge or boundary; touching.
      B.   Neighboring; adjacent.
      C.   Connecting without a break.
   (29)   CROSS-WALKWAY. A right-of-way used primarily for pedestrian travel through or across any portion of a block.
   (30)   CUL-DE-SAC. A short, minor street, having but one end open for motor traffic, the other being permanently terminated by a vehicular turn-around.
   (31)   DISTRICT. Any section of the Village for which there are uniform regulations governing the height, area and use of buildings and land.
   (32)   DWELLING. Any building or portion hereof, that is designed or used exclusively for residential purposes. A house trailer, recreational vehicle or travel trailer shall not be regarded as a dwelling under the terms of this Zoning Ordinance.
   (33)   DWELLING, MULTI-FAMILY.  A building designed for or occupied by more than two families, but not to exceed four families.
   (34)   DWELLING, ONE-FAMILY.  A building designed for or occupied by exclusively one family.
   (35)   DWELLING, TWO-FAMILY.  A building designed for or occupied by but not to exceed two families.
   (36)   EASEMENT. A grant by a property owner of the use, for a specific purpose or purposes, of a designated strip of land, to the general public, a corporation or other individuals.
   (37)   EROSION & SEDIMENT CONTROL. See Chapter 1248.
   (38)   EXPRESSWAY.  A motor-way of considerable continuity designed for safe, fast, uninterrupted flow of vehicular traffic, having a right-of-way of varying width, no direct access from abutting property to express traffic lanes and no street crossing or intersection at grade.
   (39)   EXPRESSWAY, MODIFIED. An expressway whose potential traffic volume does not justify all expressway features.
   (40)   FAMILY. One or more persons occupying a dwelling unit and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a bed and breakfast inn, hotel, motel, sorority or fraternity. A family may also include domestic servants and gratuitous guests.
   (41)   FENCE. An artificially constructed barrier erected to enclose, screen or separate areas.
   (42)   FINISHED GRADE. For buildings having walls facing more than one street, the average elevation of the finished grade two feet from the centers of all walls facing streets; for buildings having no walls facing the street, the average level of the finished surface two feet from the exterior walls of the building. Any wall approximately parallel to a street line is to be considered as facing the street.
   (43)   FLOOR AREA, COMMERCIAL.  “Floor area in offices, merchandising and service type of uses” means the area used for service to the public, and excludes areas used principally for non- public purposes, such as storage, incidental repair, processing, show windows, restrooms, and dressing rooms. In measurement for parking space, fractions of required floor area over one-half shall require one parking space.
   (44)   FLOOR AREA FOR LIVING PURPOSES.  The floor area for living purposes consists of living room, bedroom, bathroom, dining room, kitchen, den library, and family room, but exclusive of porches, basements, terraces and garages.
   (45)   FRONT LOT LINE.  The line separating a lot from the street on which the lot fronts.
   (46)   FRONTAGE.  The property line abutting the principal street.
   (47)   GARAGE, PRIVATE.  An accessory building, designed or used for storage of not more than three motor-driven vehicles or trailers in a Residence “A” or Residence “B” District.
   (48)   GRADE.  The average level of the finished surface of the ground adjoining building.
   (49)   HAZARDOUS SUBSTANCE. Any substance or material that, by reason of its toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.
   (50)   HOME OCCUPATION. Any occupation or profession carried on by a member of the resident family. Cannot exceed one employee in the position of receptionist, secretarial, or clerical, can be regularly employed in connection with such occupation or profession; and provided that no mechanical equipment is used except such as is normally used for household or farm purposes.
   (51)   INSTITUTION. A building occupied by a nonprofit organization or nonprofit establishment for public use.
   (52)   JUNK.  Any worn out or cast-off litter or debris or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which is unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk.
   (53)   JUNK MOTOR VEHICLE. Any motor vehicle meeting all of the following requirements: 
      A.   Three years old, or older;
      B.   Extensively damaged, such damage including but not limited to any of the following:  missing wheels, tires, motor, or transmission;
      C.   Apparently inoperable;
      D.   Having a fair market value of one thousand five hundred dollars ($1,500) or less;
      E.   Has been left uncovered in the open on private property for more than 72 hours.
   (54)   JUNK YARD. The use of more than 25 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any street, for the storage, keeping or abandonment of junk.
   (55)   LANDSCAPING.  The use of natural materials such as stones, shrubs, trees, etc., in a planned fashion to enhance the visual appeal of a property.
   (56)   LOADING SPACE.  An off-street space or berth on the same lot with a building, or contiguous to a group of, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
   (57)   LOT.  A parcel of land, occupied or intended for occupancy by one principal building, together with accessory buildings and customary incidental uses, which shall have at least 100 foot frontage on a street and which shall have at least a 100-foot width the full length of the lot.  Lots for homes built on cul-de-sacs do not have to meet the requirements of 100 foot frontage on a street, nor the requirement of 100 foot width the full length of the lot, but must have an average width of 100 feet and meet the other requirements of lot area, lot width and yards required by the Zoning Ordinance. The term lot shall include the yards and minimum lot area required by this Zoning Ordinance and the dimensional design standards for lots prescribed in Section 1244.03(f) of the Subdivision Regulations.
   (58)   LOT, CORNER.  A lot abutting on two or more streets at their intersection provided the interior angle formed thereby is less than 135 degrees.
   (59)   LOT, DEPTH. The mean horizontal distance between the front and rear lot lines.
   (60)   LOT, DOUBLE FRONTAGE. A lot abutting on two nonintersecting streets.
   (61)   LOT OF RECORD. A lot that is part of a subdivision, the plat of which has been recorded by the County Recorder's office, or a lot described by metes and bounds, the description of which has been recorded by the County Recorder's Office.
   (62)   LOT, INTERIOR.  A lot other than a corner lot.
   (63)   LOT LINES. Lines bounding a lot.
   (64)   LOT, RESIDENTIAL.  A parcel of land occupied or intended for occupancy by one principal building together with an accessory building and customary incidental uses.  It shall have its principal frontage on a street.
   (65)   LOT WIDTH, MINIMUM.  The smallest horizontal distance between opposite side lot lines a parcel of land is permitted to be, as measured by any perpendicular line drawn between the side lot lines and parallel to the street right-of-way line.
   (66)   MANUFACTURED HOME. A dwelling unit with a pitched roof and a permanent foundation, fabricated at an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.).
   (67)   MOTEL.  Any building or group of buildings containing sleeping rooms, with or without cooking facilities, designed as overnight sleeping quarters for automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motor lodges and tourist's courts.
   (68)   NON-CONFORMITY.  A lot, use of land, building use of buildings and land in combination lawfully existing at the time of enactment of this Zoning Ordinance or its amendments, which do not conform to the regulations of the district or zone in which it is situated.
      A.   Non-conforming building or structure.  A building or structure existing when this Zoning Ordinance or any amendment thereto became effective, which does not conform to the regulations governing buildings of the district in which it is located.
      B.   Non-conforming lot.  A lot lawfully existing on the effective date of this Zoning Ordinance or any amendment thereto which does not conform to the lot area, width, or frontage requirements, of the district in which it is located.
      C.   Non-conforming site condition.  Any structure lawfully existing on the effective date of this Zoning Ordinance or any amendment thereto which does not conform to the yard regulations, parking requirements, sign regulations, landscaping or screening requirements or other development standards of the district in which it is located.
      D.   Non-conforming use.  Any building or land lawfully occupied by a use on the effective date of this Zoning Ordinance or any amendment thereto, which does not conform to the use regulations of the district in which it is situated.
   (69)   PARKING SPACE.  A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one motor vehicle, together with a permanently surfaced driveway connecting the parking space with a street and permitting ingress and egress of a motor vehicle.
   (70)   PERGOLA. A structure usually consisting of parallel colonnades supporting an open roof of girders and cross rafters.
   (71)   PLANNED RESIDENTIAL DEVELOPMENT.  A development which is planned to integrate residential use with collateral uses, and in which lot size, setback lines, yard areas, and dwelling types may be varied and modified to achieve particular design objectives and make provisions for open spaces, common areas, utilities, public improvements and collateral nonresidential uses. See Section 1274.04.
   (72)   PLAT OF SUBDIVISION.  A map showing the division of any tract of land into two or more parcels, and prepared for the purpose of recording. See Section 1242.02, for the items of information that are included on the plat.
   (73)   POND OR LAKE.  An inland water body fed by springs or surrounding runoff.
   (74)   PRIVATE STABLE. A stable with a capacity of not more than two animals owned by the occupants of the dwelling to which it is an accessory use.
   (75)   PROTECTIVE COVENANT. A restriction of the use of private property within a subdivision for the purpose of providing mutual protection against undesirable aspects of development.
   (76)   PUBLIC IMPROVEMENTS. Any of the following:  roadway pavement, curbs, gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers and other appurtenant construction as related to the Subdivision Improvement Plan.
   (77)   PUBLIC UTILITY.  Any person, firm, corporation, governmental agency or board fully authorized to furnish, and furnishing to the public, electricity, gas, steam, telephone, telegraphy, transportation, water or any other similar utilities.
   (78)   REAR LOT LINE.  The lot line that is opposite and most distant from the front lot line.
   (79)   RIGHT-OF-WAY. The entire strip of land lying between the property lines of a street or other motorway, alley, cross-walkway or easement.
   (80)   RIPARIAN SETBACK. See Chapter 1249.
   (81)   SCREENING.  The use of natural or man-made barrier to partially or completely obstruct the view between adjacent properties.
   (82)   SIDE LOT LINE.  A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
   (83)   SIGN. See Chapter 1280.
   (84)   STORY.  That portion of a building included between the surface of any floor and the surface of the floor nest above it.
   (85)   STORY, HALF.  A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
   (86)   STREET.  A public or privately owned strip of land 40 feet or more in width between property lines, which provides or is intended to provide, public vehicular and pedestrian access to adjacent properties. Standard streets for the Village are 60 feet wide.
   (87)   STREET, HALF.  That half, within a subdivision, of a street whose centerline is coincident with a subdivision boundary.
   (88)   STREET, IMPORTANT NEIGHBORHOOD.  A street designed to serve as an important traffic-way for a neighborhood or as a feeder to a thoroughfare or other important neighborhood street.
   (89)   STREET, MINOR.  Any street other than an expressway, modified expressway, thoroughfare or important neighborhood street.
   (90)   STREET RIGHT-OF-WAY. A dividing line between a lot, tract or parcel of land and a contiguous dedicated street.
   (91)   STRUCTURAL ALTERATIONS.  Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or exterior walls.
   (92)   STRUCTURE.  Anything constructed or erected, use of which requires location on the ground, or attachment to something having a location on the ground.
   (93)   SWIMMING POOL.  See Section 1272.09.
   (94)   SUBDIVISION.
      A.   The division of any parcel of land, shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites of lots, any one of which is less than five acres, for the purpose, whether immediate or future, or transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements or access, and the sale or exchange does not create additional building sites, shall be exempted; or
      B.   The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division of allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public utilities.
   (95)   SUBDIVISION IMPROVEMENT PLAN.  A drawing showing a proposed subdivision of land, together with the public improvements which are to be installed therein.  Such drawing is not recordable.  See Section 1242.01 for the items of information which are included on the plan.
   (96)   TELECOMMUNICATIONS CONDUIT. Electric wires or communications cables inserted through a pipe, tube, or tile for protection.
   (97)   TENANT. The person or persons obligated under an oral or written lease or rental agreement with the property owner and occupants over the age of 18 years.
   (98)   THOROUGHFARE.  A street of considerable continuity that is designed as a major traffic-way.  This category does not include an expressway or modified expressway.
   (99)   USE. The purpose, for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
   (100)   VARIANCE. A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
   (101)   VEHICLE, RECREATIONAL.  A vehicular type of portable structure without permanent foundation that can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including, but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
   (102)   WALKWAY, PUBLIC.  A strip of land between property lines which provides or is intended to provide public pedestrian access between adjacent streets.
   (103)   YARD.  An open space between a principal building and the adjoining lot lines, unoccupied and unobstructed by any part of a structure from the ground upward, except as otherwise provided in this Zoning Ordinance.
   (104)   YARD FRONT.  An area extending across the full width of the lot and it has the least horizontal distance between the front lot line and the principal building.
   (105)   YARD, REAR. An area extending across the full width of the lot and has the least horizontal distance between the rear lot line and the principal building. On corner lots, the rear yard shall be considered as parallel to the street on which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard.
   (106)   YARD(S), REQUIRED. The open space between a lot line and the minimum front, side, or rear building, setback line.
   (107)   YARD, SIDE.  An area extending along the full depth of the lot and being the least horizontal distance between the side lot line and the principal building.
   (108)   ZONING.  Regulation by districts of height, area and use of buildings, use of land and density of population.
   (109)   ZONING DISTRICT MAP. The map or maps that are duly adopted by the Village of Westfield Center as part of the Zoning Ordinance which delineates the boundaries of the Zoning Districts.
   (110)   ZONING INSPECTOR.  The person employed to enforce this Zoning Ordinance in accordance with administrative provisions herein set forth.
   (111)   ZONING ORDINANCE. A composite of the zoning text which describes the specific regulations for both private and public uses within each use district, and the Zoning Districts Map which indicates graphically and precisely, the location and the extent of district or zone boundaries.
   (112)   ZONING PERMIT.  A document issued by the Zoning Inspector or by the Zoning and Planning Commission authorizing the construction or use of lots, principal buildings, accessory structures/buildings, and characteristics of the use. Same as Zoning Certificate.
(Ord. 2013-01. Passed 2-5-13; Ord. 2013-06. Passed 6-4-13; Ord. 2014-09. Passed 12-2-14; Ord. 2019-04. Passed 4-2-19.)